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The Constitution...Who Cares?
AIPNews.com ^
| April 20, 2010
| David M. Berman
Posted on 04/20/2010 10:08:43 AM PDT by EternalVigilance
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To: Ken H
Nobody bats 1000.
The decision was 6-3. Even if Scalia voted constitutionally, Raich would still be law of the land.
I'll take nine Scalias v. nine Ginsbergs any day.
21
posted on
04/20/2010 1:45:36 PM PDT
by
Jacquerie
(It is happening here)
To: Jacquerie
The decision was 6-3. Even if Scalia voted constitutionally, Raich would still be law of the land. He ought to drop his claim to being an originalist, or at the very least, modify it.
I'll take nine Scalias v. nine Ginsbergs any day.
That's one heck of an endorsement. The New Deal Commerce Clause would win 9-0 in either case.
22
posted on
04/20/2010 1:57:31 PM PDT
by
Ken H
To: Ken H
That's one heck of an endorsement. Yes it is. Thanks.
23
posted on
04/20/2010 3:00:17 PM PDT
by
Jacquerie
(It is happening here)
To: EternalVigilance
The Constitution was written to be read and understood by ordinary citizens. The bulk of so-called "Constitutional law" is an effort by the Men in Robes to seize power by obfuscating what should be relatively clear.
If courts actually wanted to follow the Constitution, a good start would be acknowledging that many Constitutional issues involve factual matters and as such are matters for a jury to determine in each individual case. If a cop is serving a knock-and-announce warrant, procedures which may be reasonable (and thus legitimate) in one set of circumstances may be unreasonable (and thus illegitimate) in another. Courts have declared that if cops follow a procedure that was "reasonable" in one case, such a procedure is proper in any other case whether or not someone looking at the facts of that case would deem it to, in fact, be "reasonable". If a procedure is at least vaguely like some other procedure that was at least vaguely like something the court had found wasn't totally unreasonable, the court will deem it acceptable. If the matter were simply put to the jury: "Is that reasonable", the answer would be much more in keeping with the Constitution.
24
posted on
04/20/2010 4:02:32 PM PDT
by
supercat
(Barry Soetoro == Bravo Sierra)
To: supercat
25
posted on
04/20/2010 4:31:30 PM PDT
by
EternalVigilance
(No sane man loves war. But all decent men realize there can be no peace with tyrants or terrorists.)
To: Ken H
The New Deal Commerce Clause would win 9-0 in either case. Sure would.
And, the protection of the God-given, unalienable, individual, right to life - applying the equal protection of the laws to all persons, no matter their stage of development - would lose 9-0 too.
Makes the pleadings of the Republican hacks to support their candidates "because of the judges" ring quite hollow.
26
posted on
04/20/2010 4:35:20 PM PDT
by
EternalVigilance
(No sane man loves war. But all decent men realize there can be no peace with tyrants or terrorists.)
To: Dead Corpse; Favor Center
ping to link to last nites 2A vs suitcase nukes thread...
The one problem with a Constitutional Representative Republic is that it depends on men of honor to run it, and citizens of honor to keep it.
27
posted on
04/21/2010 4:53:58 AM PDT
by
Gilbo_3
(Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
To: supercat
The Constitution was written to be read and understood by ordinary citizens. The bulk of so-called "Constitutional law" is an effort by the Men in Robes to seize power by obfuscating what should be relatively clear. problem being, most ordinary citizens have been dumbed down to think that its an encyclopedia sized legalese document, and have therefore never bothered to spend an hour reading it...
28
posted on
04/21/2010 4:55:47 AM PDT
by
Gilbo_3
(Gov is not reason; not eloquent; its force.Like fire,a dangerous servant & master. George Washington)
To: Gilbo_3
You can’t find people like that as readily as you used to.
29
posted on
04/21/2010 5:43:19 AM PDT
by
Dead Corpse
(III, Alarm and Muster)
To: EternalVigilance
Who cares???
I do Dammit!
30
posted on
04/21/2010 5:49:45 PM PDT
by
rfreedom4u
("A patriot must always be ready to defend his country against his government.")
To: EternalVigilance
Without the Constitution this country is nothing more than a cult of personality.
31
posted on
04/21/2010 5:51:38 PM PDT
by
Oceander
(The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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